UPDATE 7:35 PT Sunday, March 31st: The main source of the news, DJShadow_TV has deleted the original tweet and said they were misled by the artist. The deletion came after a post by DingDongVG who checked a cached version of the artist’s DeviantArt site and saw that the photo replaced a different photo in the gallery section.

The one thing still left unexplained is the previous versions resembling her designs. Her Facebook post has been deleted and so have her previous designs which were in the comments. We will update this article again if there is more information that comes out in the coming days.

The original article is below in it’s entirety:

A post on Twitter gained traction yesterday when Ruby Ramirez, a young DeviantArt artist, alleged Epic stole her design.

A tweet from another artist DJShadow_TV was picked up by the community and currently sits at over 16,000 likes.

As you can see from the Facebook post, the two designs are very similar, from the unique aspects of the character to the colors chosen by the designer.

Here are some things that appear in both designs: Horns, blue hair behind a red/yellow headband, white face, red rope belt with white on the knot, and a feather-like design on the shoulder blades.

Here is the original Facebook post from the artist with the translation from Spanish beneath it:

Here is a translation where the top two breaks are from Google Translate and the bottom two were provided by one of readers (BlueLizard75) in the Twitter replies.

“Help: ^ (the fortnite took out a skin almost identical to my burrito and now I can not use it without being told to copy it 🙁

JzjNJ has already died my burrito x “d

Please, if you’re an “intellectual” wanting to be like a complete idiot better get out of here, they are disgusting :^(

by the way ,,, I did not do it for Fortnite, it’s one more character than the thousands I have, do not tell me that bullshit because I hit them”

Basically, she claims they copied her skin and is worried that now she won’t be able to use her own design without people claiming she copied it from Epic. She also says that she did not design it for Fortnite or send it to them at any time.

The dates have been called into question but multiple people have said they have seen her artwork before the design ever appeared in the game. DeviantArt appears to back this up according to this tweet:

While it is true that DeviantArt artists can change the contents of a post, people in the comments pulled up previous versions of her design where you can see the beginnings of the pictured design in the original Facebook post.

Forbes was one of the first sites to report these allegations and Forbes reporter Erik Kain reached out to Epic Games for comment.

A spokesperson replied to Kain with this: “We take these claims seriously and are in the process of investigating them.”

While Ramirez did not mention a lawsuit in her initial post, her comment sections were filled with people telling her to go after Epic Games in court.

Whether or not she has a case will come down to how much of the copyright she retains when posting a design to DeviantArt, and how similar a design must be to constitute copyright infringement.

Our readers are likely familiar with the lawsuits arising from rappers/actors alleging Epic stole their dances. As we covered previously, copyright of a dance is very tricky as they almost always have an influence from another source.

Art designs on the other hand are easier to identify a copyright case. Esports attorney Ryan Morrison offered free council to the artist but said he wouldn’t share his opinion on this matter in a public forum.

This is an evolving story and we will likely receive an update as to how Epic is going to proceed in the coming days.

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Mitch is a writer who used to be a sports broadcaster. When not playing or writing about Fortnite he also plays too much Rocket League and Hearthstone. You can see more of Mitch's work by following his Twitter @Mitch_Reames. Feel free to pitch stories you want to see him cover by tweeting at him or sending him a DM.